MPOETC - Municipal Police Officers Education and Training Commission Criminal Procedure and Arrest Questions and Answers

Question 1

An officer observes an individual in a high-crime area at 2:00 AM openly carrying a handgun in a holster.
The individual is not engaged in any other suspicious activity.
Based on the Pennsylvania Supreme Court's ruling in Commonwealth v.
Hicks, what level of suspicion does this observation, by itself, provide?

Accepted Answer

None of the above are justified by this observation alone.

Answer

Probable cause to arrest for a weapons violation.

Answer

Sufficient grounds for a 'Terry' frisk for officer safety.

Answer

Reasonable suspicion to believe criminal activity is afoot.

Question 2

According to the U.S. Supreme Court case Graham v. Connor, the reasonableness of a police officer's use of force during an arrest must be judged from what perspective?

Accepted Answer

The perspective of a reasonable officer on the scene, in light of the facts and circumstances known at that moment.

Answer

The subjective perspective of the arresting officer, considering their state of mind.

Answer

The perspective of the suspect and whether they perceived the force as excessive.

Answer

A retrospective analysis by the court with the benefit of 20/20 hindsight.

Question 3

Under Pennsylvania Rules of Criminal Procedure, Rule 519, when an officer arrests a person without a warrant for a misdemeanor of the second degree and subsequently releases them, how long does the officer have to file a criminal complaint?

Accepted Answer

5 days from the defendant's release.

Answer

24 hours from the time of arrest.

Answer

48 hours from the time of release.

Answer

10 days from the date of the offense.

Question 4

A municipal police officer is investigating a retail theft, a misdemeanor of the first degree. The suspect fled the scene before the officer's arrival. The officer develops probable cause to identify the suspect. Which of the following actions is the most appropriate next step for the officer to take?

Accepted Answer

Obtain an arrest warrant from a magisterial district judge before attempting to take the suspect into custody.

Answer

Immediately enter the suspect's known residence without a warrant to make the arrest.

Answer

Conduct a warrantless arrest of the suspect in a public place based on probable cause.

Answer

Issue a citation to the suspect by mail without making a physical arrest.

Question 5

Which of the following is required for a warrantless arrest to be lawful in Pennsylvania?

Accepted Answer

Probable cause to believe the person has committed a felony or a misdemeanor committed in the officer's presence.

Answer

A signed confession from the suspect.

Answer

An eyewitness other than a police officer.

Answer

The officer must have witnessed the crime from its inception to its conclusion.

Question 6

An officer makes a lawful, warrantless arrest of a subject for a felony offense. According to the Pennsylvania Rules of Criminal Procedure, what must the officer do with the arrested person?

Accepted Answer

Allow the suspect to post bail directly at the police station before seeing a judge.

Answer

Release the person after 24 hours if charges have not been formally filed.

Answer

Take them to the police station for questioning for up to 72 hours before any court proceeding.

Answer

Afford them a preliminary arraignment before the proper issuing authority without unnecessary delay.